Privacy Policy

Last Updated: August 25, 2019

Purpose of Policy
Welcome to the Finnovate Group LLC family of services, software applications and websites (the “Services”). Finnovate Group LLC (“our”, “us” or “we”) is committed to respecting the privacy rights of their customers, visitors, and other users of the Services. We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Services, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Services and not to any other websites that you may be able to access in connection with the Services, each of which may have data collection and use practices and policies that differ materially from this Policy.

GDPR Compliance
On May 25, 2018, the European Union’s General Data Protection Regulation (“GDPR”) became effective for all companies that collect or process personal data of natural persons in the EU. We are subject to compliance with the GDPR which involves, among other things, additional protections for the privacy of the personal data of users of the Service. We have updated this Policy as part of our compliance plan.

Notice Concerning Children
We offer our Services to a general audience, and do not direct any of our content specifically at children 13 years of age or under. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is age 13 or under, we will promptly delete any personal information in that user’s account.

INFORMATION COLLECTION PRACTICES
What Personal Information Do We Collect?
In order for you to access certain Services, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information collected may, without limitation, include the following: registration, online surveys, and other online forms that ask users to provide their names, addresses, phone numbers, e-mail addresses and other contact information, as well as their date of birth, height, weight, gender, health related information, training data (including without limitation, calories burned, distance traveled, heart rate), location data, if enabled (including without limitation, GPS coordinates traveled, cellular tower identifications, Wi-Fi access points, altitude and any other information provided by your mobile device or computer), workout routines, text, audio, images, videos, information transferred to the Service and any other content that you may submit to us, if any, including without limitation, any information you authorize us to import or export to or from select social networking and other websites operated by third party companies (“Integrated Third Party Companies”). Payment information, including without limitation, debit/credit card and/or bank account information, for purchases is processed by our third party payment processing service; such information is not collected by us and is subject to the privacy policies of the payment processing service. You may use some portions of the Service without creating an account. If you choose to use the Service as an unregistered guest, we will not collect any Personal Information from you.

What Additional Information Do We Collect?
Automatic Collection. Our servers automatically recognize visitors’ IP addresses (the number assigned to computers on the Internet), Internet service provider, domain servers, browser type, computer platform, referring website, date, time and duration of access, and links clicked through. No Personal Information about you is revealed in this process. The Services may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the Services.

Cookies. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer that tracks information about your visit to our Services. We do not set any personally identifiable information in cookies. Cookies help us customize your content experience (for example to store your password so you do not have to re-enter it each time you use the Services) and to learn which areas of our Services are useful and which areas need improvement. Our business partners (advertisers) may use cookies on our Services. We have no access to or control over these cookies once our business partners have been given permission to set cookies. This Policy covers the use of cookies by us only and does not cover the use of cookies by any advertisers. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Services may be diminished and some features may not work as they were intended.

Mobile Device Identifying Information. When you access the Services via a mobile device, we may collect the unique identifying information of your mobile device (“Mobile Device ID”). We may use your Mobile Device ID to provide a tailored experience for you. In addition, the Mobile Device ID information may be collected in order to determine the aggregate number of unique devices using our service or parts of our service, to track total usage, analyze data, and communicate with you more effectively. We may combine your Mobile Device ID with information from third parties to provide you with a better experience and to improve the quality of our service. We do not share any personally identifiable information with third parties in association with your Mobile Device ID.

Geographic Location. When you access the Services via a mobile device, we may also collect the geographic location of your mobile device (including without limitation, GPS coordinates traveled, cellular tower identifications, Wi-Fi access points, altitude and any other information provided by your mobile device or computer) if your mobile device is set to transmit such information. We may use your geographic location to provide a tailored experience for you. In addition, the geographic location information may be used to analyze our Services traffic. We may combine your geographic location with information from third parties to provide you with a better experience and to improve the quality of our Services. We do not share any personally identifiable information with third parties in association with your geographic location.

Health Related Information. We also may collect a limited amount of fitness, physical activity and health related information from you if you create an account with us. This information (such as whether you are pregnant, suffer from a heart condition, dizziness, high blood pressure, and knee or back problems) helps you determine your eligibility to participate in our training programs. If you participate in our training, we may also obtain certain measurements, height, weight and age from you. Your calories burned, distance traveled and heart rate may be obtained from your mobile device. We also may receive your health, fitness and medical data from the HealthKit API.

USE AND SHARING OF INFORMATION
Sharing of Personal Information. Personal Information of our users is an important part of our business, and we do not sell it to others. We collect personal information to provide the Services which include workouts, training plans and fitness coaching. We use and share Personal Information as described below;

Health Related Information. Notwithstanding any other provision of this Privacy Policy, we will not share any of your personal Health Related Information, including your data from the Apple HealthKit API or Samsung Health with others for marketing and advertising purposes. We will only share your personal Health Related Information if you have provided explicit consent after being informed of the data to be disclosed and the purpose of the proposed disclosure.

With Your Consent. We may share your Personal Information and/or location information, other than Health Related Information, when you have consented to the disclosure.

With Third Party Service Providers. We may share any information, other than Health Related Information, we receive with vendors and service providers retained in connection with the provision of our Services.

To Provide the Services. We may use your Personal Information to operate, maintain and provide the Services to you. We may use your Personal Information to verify your identity or to follow up with transactions initiated on the Services. We may also use your contact information to send you emails informing you of any changes to the Services, to send you additional information about us, or to offer you other products, programs or services that we believe may be of interest to you.

For Our Protection. We may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with legal process served on us or our affiliates; (ii) protect and defend the rights or property of ours, the users of the Services or others; (iii) enforce our “Terms of Use” (available on our website and incorporated by this reference herein), and/or (iv) act under exigent circumstances to protect the safety of the public or users of the Services. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Sale of Assets. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Services. If we sell substantially all of our assets, or the assets of one of our business lines are acquired, customer information will be one of the assets transferred to the acquirer and that entity and its affiliates may use your Personal Information under the terms of their own privacy policies which may differ from this Privacy Policy.

Data Retention Policy. Personal Information including Health Related Information will be retained until the earlier of (i) receipt from you of written request to delete or (ii) as long as you maintain an account with us or as otherwise necessary to provide you the Services. We will also retain your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

User Accounts. When you register to create an account, we ask you to provide certain Personal Information. If we propose to use Personal Information in ways that are less restrictive than those described in this Privacy Policy, we will offer you an effective way to opt out of such use of your Personal Information for such identified other purposes. In addition, you may decline to submit Personal Information or location information to us; however, this means that you will not be able to save any workout information and we will be unable to provide certain Services to you.

Use of Anonymous Information. We use anonymous information to analyze our Services traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses and Mobile Device ID’s to help diagnose problems with our server, to administer the Services, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

Use of Cookies. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our Services, and for other purposes. Promotions or advertisements displayed on our Services may contain cookies. We do not have access to or control over information collected by outside advertisers on our Services.

Integrated Third Party Companies. We provide for integration of the Service with select Integrated Third Party Companies, in order to allow (among other things) the transfer of certain Personal Information between us and Integrated Third Party Companies. If you elect to transfer some or all of your personal information maintained by us to an Integrated Third Party Website, that Integrated Third Party Website will thereafter retain and maintain your personal information subject to its privacy policy over which we have no control. Any Personal Information provided to us by Integrated Third Party Companies is governed by this Privacy Policy.

SECURITY
The Services have security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

SERVICES AREAS BEYOND OUR CONTROLPublic Disclosure of Information.The Services may now or in the future include interactive forums, chat rooms, message boards, and news groups for the posting and exchange of information, ideas and opinions. Additionally, you may through the Services post information to Integrated Third Party Companies. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose Personal Information.

Links to Third Party Websites.The Services contains links to third party websites. If you choose to visit third party websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

INDIVIDUAL RIGHTS, INFORMATION CHANGES AND POLICY UPDATES
Contacting Us.If you have any questions about this Policy or our practices related to the Services, please contact us at the following e-mail address:support@h2oaudio.com

Lost or Stolen Information.You must promptly notify us if your user name, or password is lost, stolen, or used without permission. In such an event, we will remove that user name, or password from your account and update our records accordingly.

Access, Deletion, Correction and Portability Rights Regarding Your Personal Information,You can verify your contact information is accurate, complete, and up to date and modify your privacy preferences (including opting-out of receiving certain types of communications) by logging in to your account and going to your account preferences page. In addition you have the right to access your personal information, request that your personal information be deleted, that any errors are corrected, and to have the information transported to another location in a commonly used machine readable format. Any such request should be made by email to: support@h2oaudio.com. We are committed to respond to a request for access, deletion, correction or portability promptly but in not more than 30 days.

Policy Updates and Changes.We reserve the right, at any time and without notice, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.